This agreement is by and between Holly's Writing Classes Affiliate Program and/or their assigns and all subscribers. Unless the context requires otherwise, Holly's Writing Classes Affiliate Program and/or their assigns shall be referred to as “us, we, or our” and you shall be referred to as “you, your or subscriber.”
You understand that Holly's Writing Classes Affiliate Program and/or their assigns does not guarantee or predict any type of profit or response from said services. Subscriber agrees to hold Holly's Writing Classes Affiliate Program harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which Holly's Writing Classes Affiliate Program and/or their assigns may become subject arising out of or relating in any way to the use of the services provided under this agreement, including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.
A. Services to be Provided.
We agree to pay you certain commissions as described on our website for referral sales made by customers.
B.1. Affiliate Obligations
We may remove you from the affiliate program, with or without notice, at our sole discretion and for any reason, among which may be that your site and/ or advertising includes material that:
1. Promotes sexually explicit materials (defined as porn sites or sites with full frontal nudity.)
2. Promotes violence
3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
4. Promotes illegal activities
5. Includes HollysWritingClasses.com, HollyLisle.com or ReadersMeetWriters.com, or variations or misspellings thereof in its domain name
6. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable to us in our sole discretion
7. Contains software downloads that potentially enable diversions of commission from other affiliates in our program
8. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are HollysWritingClasses.com, HollyLisle.com, ReadersMeetWriters.com or any other affiliated business.
9. You cannot spam.
10. Do not buy through your own links.
11. You may not compete against HollysWritingClasses.com with your affiliate offers.
NOTE: If you are setting up a private short-run promotion not to be made a permanent part of your website, you may request a short-term coupon that will expire at the end of your promotion. Request via the HELP DESK: http://novelwritingschool.com/support/
Using Your Links
B.1. As a member of the Holly's Writing Classes Affiliate Program, you will have access to our Affiliate Control Panel and Member Area.
B.2. Owner and/or affiliate manager of HollysWritingClasses.com reserves the right, at any time, to review your placement and approve the use of your links, and require that you change the placement or use to comply with the guidelines provided to you.
B.3. The maintenance and updating of your site will be your responsibility. We may monitor your site to make sure that it is up-to-date.
B.4. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any other person’s copyrighted material, whether it is writing, an image, or any other copyrightable work. We will not be responsible, and you will be solely responsible, if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights. Under this rule, you may not use my image, logo, or site design on your affiliate site.
B.5. You are required to post the following disclaimer on your site clearly visible on any page on which an affiliate link is present: “Links on this site may lead to products for which the site owner may receive compensation.”
C. HollysWritingClasses.com Rights and Obligations
C.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this agreement.
C.2. HollysWritingClasses.com reserves the right to terminate this agreement and your participation in the Holly's Writing Classes Affiliate Program immediately and without notice to you should you commit fraud in your use of the Holly's Writing Classes Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, HollysWritingClasses.com will not be liable to you for any commissions for such fraudulent sales.
C.3. This Agreement will begin when you begin to promote the course using your affiliate link in any way, and will continue unless Terminated hereunder.
C.4. Termination. We may terminate your account: (a) if you violate our Terms Of Service Policy; (b) promote the Holly's Writing Classes Affiliate Program in a manner that is unethical or inappropriate; or (c) for any reason, in our sole discretion.
D. Affiliate Payment.
E. No Warranties. WE MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE Holly's Writing Classes Affiliate Program, ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, by not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for your lost profits or for your loss of data or information. If notwithstanding this clause we are held liable to you.
F. TERMS. You agree: (1) to use our system in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property; 4) to accept commercial emails from us.
If we learn of a violation or likely violation of our TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.
YOUR SERVICE WILL BE TERMINATED IMMEDIATELY AND WITHOUT WARNING SHOULD YOU USE OUR SYSTEM AS PART OF ANY BULK EMAIL CAMPAIGN. You may also be subject to fines and legal actions as a result of your bulk email promotion. Bulk email is defined as Any list of people who did not directly request email from you and CONFIRM their desire to receive such email [called double-opt-in email]. (Bulk email is NOT email sent by double-opt-in list such as those hosted by Aweber.com and other reputable email services.)
G. Assignment. This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement. We may assign this agreement at any time.
H. Change of Terms and Conditions. We reserve the right to change the terms and conditions of this agreement as needed. Use of our servers by you after said changes constitutes acceptance of those new terms and conditions. If you do not agree to the new terms and conditions, you may terminate this agreement in accordance with Section B.
I. Notification of Account Changes. You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number, or billing information changes.
J. Notices. All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.
K. General Provisions. The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. Subject to Section I, no supplement, modification, or amendment of this agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the subscriber, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within our state and county, before instituting litigation.
Most recent update: Jan. 18, 2016